A Detroit Lakes woman who admitted to watching TikTok videos at the time she fatally struck an 81-year-old man was sentenced to six months in jail and given a $50 fine for her actions.
Mariska Kay Nunn, 21, was sentenced in Becker County District Court on a felony charge of criminal vehicular homicide – operating a motor vehicle in a grossly negligent manner. Nunn was driving her vehicle on Randolph Road around 12:15 p.m. when her Ford Focus struck 81-year-old Dean Chadbourne. Chadbourne was breathing and able to speak to investigators prior to being moved to an ambulance, but he ended up succumbing to his injuries less than an hour later.
Police asked Nunn about the incident, and she said her phone was in her lap and she didn’t see the man prior to the crash, but she later admitted she was watching a TikTok video when the accident happened. Investigators seized her phone and an extraction report found that she had viewed several TikTok videos in the minutes leading to the accident, and a 911 call from her phone came less than a minute after the last video was viewed.
Plea Deal Reached
Nunn and her legal team took a plea deal that involves a number of different stipulations in order to justify the light jail sentence. According to the plea deal, Nunn is required to:
- Spend six months in jail
- Pay a $50 fine plus $85 in court fees
- Complete cognitive skill training and comply with cognitive behavioral programming as directed
- Complete an educational assessment and complete all programming as recommended by probation
- Make a presentation at every student course in Detroit Lakes High School drivers’ education programs to discuss the risks of distracted driving
If she can complete all aspects of her probation, the conviction will transition to a misdemeanor offense. The plea deal is a significant downward departure from state sentencing guidelines, but the judge felt it was reasonable given Nunn’s remorse, her acceptance of responsibility for the pedestrian’s death and because Nunn is considered particularly amenable to probation and treatment. Nunn was given only six months in jail, but the state’s presumptive prison sentence for this type of offense is 48 months, even for someone with no prior criminal history.
It’s a sad and unfortunate situation, and the only way something positive comes out of it is if Nunn makes good on all her promises and can be an advocate for attentive driving when talking to younger generations in the drivers’ education programs. If she can prevent future tragedies, the lenient jail sentence will be worth it. Here’s hoping she follows through on her requirements.
If you or someone you know needs assistance dealing with a traffic charge of their own, reach out to Avery and the team at Appelman Law Firm today at (952) 224-2277.
